Entries for Thursday, May 17, 2007

The Federal Register is published every day of the week, excluding weekends and holidays. The Register contains
an assortment of notices, proposed rules, final rules, requests for information and presidential documents.

You'll find today's entries listed below by agency, with the locations mentioned located on a map for you. You may
also navigate to any date by clicking on the calendar icon below to display calendars for recent months as well
as a search box.

The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Norbrook Laboratories, Ltd. The ANADA provides for use of a one percent ivermectin solution by subcutaneous injection in cattle, swine, reindeer, and American bison for the treatment and control of various internal and external parasites.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Norbrook Laboratories, Ltd. The ANADA provides for the use of an ivermectin and clorsulon solution by subcutaneous injection in cattle for control of various internal and external parasites.

The Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) received a nomination from the U.S. Consumer Product Safety Commission (CPSC) to evaluate the validation status of: (1) The murine local lymph node assay (LLNA) as a stand- alone assay for determining potency (including severity) for the purpose of hazard classification; (2) the ``cut-down'' or ``limit dose'' LLNA approach; (3) non-radiolabeled LLNA methods; (4) the use of the LLNA for testing mixtures, aqueous solutions, and metals; and (5) the current applicability domain (i.e., the types of chemicals and substances for which the LLNA has been validated). ICCVAM reviewed the nomination, assigned it a high priority, and proposed that NICEATM and ICCVAM carry out the following activities in its evaluation: (1) Initiate a review of the current literature and available data, including the preparation of a comprehensive background review document, and (2) convene a peer review panel to review the various proposed LLNA uses and procedures for which sufficient data and information are available to adequately assess their validation status. ICCVAM also recommends development of performance standards for the LLNA. At this time, NICEATM requests: (1) Public comments on the appropriateness and relative priority of these activities, (2) nominations of expert scientists to consider as members of a possible peer review panel, and (3) submission of data for the LLNA and/or modified versions of the LLNA.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Boehringer Ingelheim Vetmedica, Inc. The NADA provides for the veterinary prescription use of pimobendan chewable tablets in dogs for the management of the signs of congestive heart failure.

In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institute of Dental and Craniofacial Research (NIDCR), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to reinstate a previously approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision pertains to establishing limits on the emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) from Delaware's large electric generation units (EGUs). This action is being taken under the Clean Air Act (CAA or the Act).

Pursuant to Clean Air Act (CAA) section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an order dated May 7, 2007, denying a petition to object to state operating permits issued by the Idaho Department of Environmental Quality to Potlatch Corporation's Clearwater Wood Products Facility, Idaho Pulp and Paperboard Division, and Consumer Products Division, all located in Lewiston, Idaho (Potlatch permits). This order constitutes final action on the petition submitted by Mr. Mark Solomon, representing the Idaho Conservation League, Friends of the Clearwater, and himself, on February 7, 2003, requesting that EPA object to the issuance of the Potlatch permits. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307 of the CAA.

The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use.

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) to the Office of Management and Budget (OMB) requesting an extension of their approval for the following collections of information: (1) 1625-0025, Carriage of Bulk Solids Requiring Special Handling--46 CFR part 148; and (2) 1625-0058, Application for Permit to Transport Municipal and Commercial Waste. Before submitting these ICRs to OMB, the Coast Guard is inviting comments as described below.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Coast Guard is amending its regulations pertaining to the Atchafalaya River, Berwick Bay, Berwick Bay, LA, navigation area. Coast Guard Vessel Traffic Service (VTS) Berwick Bay determined that the Southern Pacific Railroad (SPRR) Bridge visual displays were no longer necessary due to updated VTS technologies and procedures that actively inform towing vessels that the rules of 33 CFR 165.811 are in effect at the time of entry into the VTS. This action relieves both the owner of the SPRR Bridge and the Coast Guard from maintaining antiquated visual displays and related equipment.

The Coast Guard announces the relocation and service disruption of the Coast Guard's electronic public dockets. The U.S. Department of Transportation (DOT) Docket Operations facility, which manages the Document Management System (DMS) containing the electronic public dockets for the U.S. Coast Guard, is relocating to a new building. This notice also provides the information related to two open Coast Guard rulemaking dockets impacted by this relocation.

The Coast Guard is undertaking two actions with regard to the above captioned regulation. The first is to withdraw the temporary final rule previously published on April 23, 2007 because it erroneously described the race area. The second is to correct the previous error by establishing a temporary special local regulation for the ULHRA National Series Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Howard Amon Park, Richland, WA. These special local regulations limit the movement of non-participating vessels in the regulated race area. This temporary rule is needed to provide for the safety of life on navigable waters during the event.

This rule makes a non-substantive change to Title 33 of the Code of Federal Regulations. The purpose of this rule is to make a conforming amendment and technical correction to a Coast Guard navigation and navigable water regulation. This rule will have no substantive effect on the regulated public.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400 series airplanes. This AD requires repetitive inspections for any crack in the upper deck floor beam at station 400, which include inspecting the floor beam web and chords, certain fastener holes at the intersection of the floor beam and frame on both sides of the airplane, and certain floor panel attachment fastener holes at the floor beam upper chords. This AD also requires corrective action if necessary. This AD results from several reports indicating that fatigue cracking was found in upper deck floor beams made from 7000 series aluminum alloy. We are issuing this AD to detect and correct cracking in the upper deck floor beam at station 400, which could extend and sever the floor beam. A severed floor beam could result in loss of controllability and rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) to supersede AD 2006-06-06, which applies to certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. AD 2006-06-06 currently requires you to incorporate information into the applicable section of the Airplane Flight Manual (AFM) and Pilot's Operating Handbook (POH) and requires you to install placards. Since we issued AD 2006-06-06, Cessna issued new S1 Known Icing Equipment AFM supplements and developed a low airspeed awareness system. Consequently, this AD requires you to incorporate the applicable AFM supplement revision and temporarily retain the requirements of AD 2006-06-06 until the above revisions are incorporated. One of the AFM requirements is the installation of a functional low airspeed awareness system to operate the airplane in known icing conditions. We are issuing this AD to assure that the pilot has enough information and the necessary equipment to prevent loss of control of the airplane while in-flight during icing conditions.

We propose to adopt a new airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. This proposed AD would require you to replace the pick-up collar support and nylon screws, of the Cirrus Airplane Parachute System (CAPS), with a new design pick-up collar support and custom tension screws. This proposed AD results from a CDC report of an in-flight CAPS activation where the parachute failed to successfully deploy. We are proposing this AD to correct pick-up collar support fasteners of the CAPS, which could result in the premature separation of the collar. This condition, if not corrected, could result in the parachute failing to successfully deploy (CAPS failure).

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model EMB-145LR, -145XR, and -145MP airplanes; and Model EMB-135BJ and -135LR airplanes. This AD requires replacing the electrical bonding clamps inside the fuel tanks and adjacent areas. This AD results from a report of the failure of a fitting clamp of an electrical bonding cable for the fuel tubing. We are issuing this AD to prevent loss of bonding protection in the interior of the fuel tanks or adjacent areas, and a consequent potential source of ignition in a fuel tank and possible fire or explosion.

This notice announces the Office of Management and Budget's (OMB) approval of the information collection requirement in the final rule published on December 15, 2006. The sections of the final rule pending approval of this information collection request are effective upon publication of this notice.

This notice contains a summary of a certain petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

The U.S. Department of Transportation (DOT) is hosting a public meeting to discuss the reporting of on-time aviation data, specifically the reporting of gate-departure time when an aircraft returns to the gate after an initial gate departure, but before the wheels-off time, and the need to report gate-departure time when the flight is ultimately cancelled.

The U.S. Department of Transportation (DOT) is hosting a public meeting to discuss the submission of air carrier traffic, financial, and consumer reports via a secure internet connection. The public meeting was requested by the Air Transport Association. DOT staff will demonstrate e-filing procedures and be available to answer questions. During the meeting, the DOT will propose a pilot program for a limited number of air carriers to test the internet filing system prior to the system becoming operational. A cross section of major, national, regional, commuter and foreign air carriers will be invited to volunteer to participate in the pilot program.

The Nuclear Regulatory Commission (NRC) is making available preliminary draft rule language to amend its regulations to revise the security requirements and material control and accounting (MC&A) requirements for a geologic repository operations area (GROA). The goal of this rulemaking is to ensure effective security measures are in place for the protection of high-level radioactive waste given the post-September 11, 2001, threat environment. New requirements for specific training enhancements, improved access authorization, and enhancements to defensive strategies will be incorporated. The proposed rule will reinstate the alcohol and drug provisions of the fitness-for- duty provisions to a GROA. The proposed rule will also impose the fatigue portion of the fitness-for-duty requirements for the security personnel at a GROA. The proposed rule will establish general performance objectives and corresponding system capabilities for the GROA MC&A program, with a focus on strengthening, streamlining, and consolidating all MC&A regulations specific to a GROA. In addition, the

The Department of Labor (DOL or Department) is amending its regulations to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States.

OSHA is proposing to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards regarding the use of eye and face protective devices, head protection, and foot protection. OSHA is proposing to replace the existing references to specific consensus standards with performance language requiring PPE to be constructed in accordance with good design standards. The proposed revision includes guidance for determining what is a good design standard. In addition, OSHA is proposing to add non-mandatory appendices that list standards that constitute good design standards as used in the requirement.

In this document, the Commission seeks to update the record for a Petition for Reconsideration filed by the Center for the Study of Commercialism (CSC), concerning stations that air home shopping programming and their status. The Commission seeks comment on CSC's argument that the Commission failed to consider in its public interest analysis the significant amount of commercial programming broadcast by home shopping stations; on the specific issues concerning how home shopping stations serve the people in their communities, including the elderly and homebound; on CSC's assertion that the Commission failed to consider information relevant to one of three statutory factors, i.e., competing demands for the spectrum; and on CSC's assertion that the Cable Act requires the Commission to consider non-broadcast uses in its analysis of competing demands for spectrum. The Commission would like to update the record for this proceeding before ruling on the petition.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and Habitat Conservation Plan (HCP). Parrish Medical Center (applicant) requests an incidental take permit (ITP) for a duration of 2 years pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 6.93 acre (ac) of Florida scrub-jay (Alphelocoma coerulescens)--occupied habitat incidental to constructing a health center in Brevard County, Florida (project). The applicant's HCP describes the mitigation and

We, the Fish and Wildlife Service (Service), announce the availability of an Incidental Take Permit (ITP) Application and Habitat Conservation Plan (HCP). The Lake County School Board (applicant) requests an ITP for a duration of 20 years under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 0.48 acre (ac) of sand skink (Neoseps reynoldsi)--occupied habitat incidental to constructing a two-story elementary school and accessory structures, play areas, and infrastructure in Lake County, Florida (Project). The applicant's HCP describes the mitigation and minimization measures the applicant

The U.S. Fish and Wildlife Service (Service) announces that a final Comprehensive Conservation Plan (CCP) for the Long Lake National Wildlife Refuge Complex (Complex) is available. This CCP, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997 and the National Environmental Policy Act of 1969, describes how the Service intends to manage the Complex, which includes Long Lake National Wildlife Refuge (NWR), Slade NWR, Florence Lake NWR, and Long Lake Wetland Management District (WMD), for the next 15 years.

We, the Fish and Wildlife Service, intend to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for Holla Bend National Wildlife Refuge. We furnish this notice in compliance with our comprehensive conservation planning policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered during the planning process.

The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.), the following parcel of public lands located in the Bridger Valley area, in Uinta County, Wyoming. The land has been leased under the R&PP Act to Uinta County for use as a sanitary landfill since 1977. The lands are described as follows:

The Fish and Wildlife Service announces the availability of four habitat conservation plans (HCPs), accompanying applications, and an environmental assessment (EA). One EA has been prepared for the four projects and analyzes the take of Perdido Key beach mice (Peromyscus polionotus trissyllepsis) incidental to developing, constructing, and human occupancy of Acropolis Development Enterprises, LLC, Midnight Property, Lorelei Development, LLC, and The Millennium Group I, LLC (Applicants) four condominium complexes in Escambia County, Florida (Projects). The applicants request incidental take permits (ITPs) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicants' HCPs describe the mitigation and

The Bureau of Land Management (BLM) has determined that land located in Santa Fe County, New Mexico is suitable for classification for lease or conveyance to Santa Fe County under authority of the Recreation and Public Purposes Act (R&PP), as amended (43 U.S.C. 869 et seq.). The county plans to use the land for an organized, county recreation area.

We are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia is re-submitting a proposed amendment to revise the West Virginia Code of State Regulations (CSR) concerning the hydrologic impacts of surface mining operations. The amendments are intended to repeal a definition of ``cumulative impact,'' and add a definition of ``material damage'' to the hydrologic balance outside the permit area. OSM had approved an earlier submittal of these same amendments on December 1, 2003 (68 FR 67035), but that approval was vacated and remanded by the United States District Court for the Southern District of West Virginia on September 30, 2005. The United States Court of Appeals for the Fourth Circuit affirmed the lower court's ruling on December 12, 2006. We are expressly seeking comment on whether the proposed amendments and the supporting arguments and explanations presented by the State are consistent with the Federal hydrologic protection requirements under SMCRA.

This correcting amendment corrects a typographical error in the institution of investigation notice published in the Federal Register on May 10, 2007 (72 FR 26645). The notice published in the Federal Register on May 10 inadvertently cited the incorrect section of the U.S. Code. Therefore, the Commission is amending the second sentence in the third from the last paragraph to read ``In instituting this investigation, the Commission has not made any determination as to the scope of 19 U.S.C. 1337(a)(1)(B)(ii) or whether 337(a)(1)(B)(ii) is sufficiently broad as to encompass such processes.''

The purpose of this notice is to announce the meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). The CJIS APB is a Federal advisory committee established pursuant to the Federal Advisory Committee Act. This meeting announcement is being published as required by Section 10 of the FACA.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) Sec. Sec. 102-3.140 through 160, the Department of Defense announces the forthcoming sub committee meeting.

The National Defense University (NDU), Designated Federal Officer, has scheduled a meeting of the Board of Visitors. Request subject notice be published in the Federal Register. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the public.

The National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning.

The National Aeronautics and Space Administration (NASA) announces a meeting of the Planetary Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning.

The Nez Perce National Forest is undergoing planning efforts to comply with the designated routes and areas for motor vehicle use rule of November 9, 2005. The forest is proposing to analyze motorized routes and areas forest-wide to determine a base system, while considering the needs of the users, resources effects, rule requirements, and fiscal capabilities for continued maintenance.

An open meeting of the Earned Income Tax Credit Committee of the Taxpayer Advocacy Panel will be conducted at the Internal Revenue Service, 1750 Pennsylvania Avenue, Washington, DC 20006. The Committee will be discussing issues pertaining to the IRS administration of the Earned Income Tax Credit.

An open meeting of the Joint Committee of the Taxpayer Advocacy Panel will be conducted via teleconference. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2006-XX, Rotable Spare Parts Safe Harbor Method.

The Corporation for National and Community Service (hereinafter the ``Corporation''), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed.